When argument of crpc.125 is pending

mukund reddy (Querist) 26 February 2011 This query is : Resolved
Wife has filed crpc.125 and dragged the case for 2 years and now avoiding their argument, but have filed a civil suit under Order VII Rule 1 CPC and claiming the same amount which was claimed in crpc.125. And in civil suit she is asking to create charge over property.

1) Is civil suit maintainable while crpc.125 argument is pending?

2) If the property is self earned by husband, is it possible for wife to attach while crpc.125 is in progress?

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adv. rajeev ( rajoo ) (Expert) 26 February 2011
yes civil suit is maintainable, she can claim maintenance in civil suit also, but in only proceedings she can claim. She may give up 125.
Yes husband's self acquired property can be attached.

Advocate. Arunagiri (Expert) 26 February 2011
Repeated query.

Guest (Expert) 26 February 2011
wife can claim maintenance in Cr.P.C. and can charge the same through civil court and attach the property.

Basavaraj (Expert) 26 February 2011
its already solved my experts

indrajit mukhopadhyay (Expert) 28 February 2011
both the proceedings civil and criminal may run at a time, no bar is there.
husband's self acquired property is liable to be attached.

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